Q and A with Prop West: Rent Control

Q) What is the 2009 allowable rent increase for properties under rent control?

A) The permitted rent increase for July 1, 2009 has been raised to 4% of the existing rent. You can also collect 1% per utility paid other than water.

Q) ... I just purchased a non-rent control apartment building. can I ask my tenants to sign a new house rules and if they refuse, do I have any course of action? Secondly, what is the difference between a 30-day notice and a 60-day notice to vacate?

A) If the tenants are on a month-to-month tenancy, you can merely serve a "Change of Terms" notice on your tenant, which will institute these rules. You would need to give a 30-days advanced notice. After the thirty days, the rules will become part of this tenant's tenancy. You also can serve a notice to terminate the tenancy. If the tenant has been in the unit one year or longer, you would need to serve a 60-day notice to quit. Otherwise, you can serve a 30-day notice.

(taken from Apartment Owners association News, March 09)

Q and A with Prop West

Q) I have a tenant who has been renting from me for seven years. They are now moving out. Can I charge them anything for new carpet?

A) From a security deposit you are allowed to deduct for unusual wear and tear to the unit. In this case, the carpeting was at least seven years old. Seven years would seem to be the usual life of carpeting and therefore I do not believe that you can deduct this from the security deposit.

(taken from Apartment Owners Association News, May 2009)

Q and A with Prop West

Q) I have a family who served me a notice to move with less than the required time by approximately seven days. Can I withhold any part of the security deposit for not giving the required 30-day notice? Thirty days advanced notice is required in the rental agreement.

A) A tenant terminating his month-to-month tenancy must serve a 30-day written notice. For the record, emails do not constitute a proper notice. The tenant is therefore liable for the rent for the full 30-day period. As such, you may deduct the additional rent from the security deposit.

Q & A with Prop West

Q) Is internal wiring for land line telephones the responsibility of the tenant or the owner of the building? I have four units on this property.

A) Under California law the landlord is required to have one working jack in his unit. You, therefore, would be responsible for the internal wiring for at least one jack.

(Taken from Apartment Owners Association News; March 09)

Q & A with Prop West: Rent Control

Q) I bought a building in a rent controlled area. One of the tenants does not have a rental agreement. The previous owner allowed this tenant to have a dog. The tenant now wants to bring in an additional dog. I really am opposed to this. Is there any way to stop the tenant from getting an additional pet?

A) Unfortunately, since you do not have a rental agreement, the tenant is free to bring in an additional pet. If either of the pets becomes a nuisance, that could give rise to an eviction action, otherwise you will have to accept the situation.

(taken from Apartment Owners Association News, March 09)

Q & A with Prop West

Q) I own two adjoining lots. On one lot I have two buildings, each with nine units. On my other lot, I have a 16 unit building. I have a resident manager in the 16 unit building and this manager is perfectly capable of managing all the units. Would this be in accordance with the law?

A) Under California law you must have a resident manager if 16 or more units are on a lot. The fact that your two lots are adjoining is not relevant. The law would require that you have a resident manager on both lots.

(Taken from Apartment Owners Association News; March 2009)